The Supreme Court Deals Blow To Public-Sector Unions

The Supreme Court on Monday limited the power of public-sector
unions to compel employees to pay contributions, dealing a
setback to public-sector unions.

But the 5-4 decision, written by conservative Justice Samuel
Alito, wasn't as sweeping as some union advocates had feared.

"This is a substantial obstacle
to expanding public employee unions, but it does not gut them,"
SCOTUSblog's Tom Goldsteinwrote.

Unions had been concerned that the court would strike
down laws in 26 states requiring teachers, police
officers, firefighters, and other public-sector employees to pay
dues to the unions that negotiate contracts on their behalf, even
if the workers don't want to become union members.

The court hedged somewhat, but the decision is still a
setback for public-sector unions. In a 5-4 decision written
by conservative Justice Samuel Alito, the
court "recognized a category of 'partial
public employees' who could not be required to contribute to
union fees," according to SCOTUSblog. Unions worried the court
would rule all public employees could not be forced to pay, which
would dry up their ranks and their coffers.

"It remains possible that in a later case the Court will
overturn its prior precedent and forbid requiring public
employees to contribute to union bargaining. But today it has
refused to go that far. The unions have lost a tool to expand
their reach. But they have dodged a major challenge to their very
existence," Goldstein wrote.

The case, Harris v. Quinn, stemmed from a challenge
in Illinois involving in-home care providers. Illinois uses
Medicaid funds to pay in-home care workers, but turnover was high
at the low-paying jobs. In response, more than 20,000 in-home car
workers organized and joined the Service Employees International
Union (SEIU), after executive orders from Govs. Rod Blagojevich
and Pat Quinn, both Democrats, classified them as "public
employees."

The National Right to Work Foundation brought a challenge to
Quinn in 2010, arguing workers who didn't want to participate in
the union shouldn't have to pay the dues.